HomeMy WebLinkAboutContract 59792DocuSign Envelope ID: A01DFB49-F2E2-48CE-9C8D-54DD2657F702
CSC No. 59792
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between Udemy, Inc.
("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality.
The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of
precedence in which they are listed:
This Cooperative Purchase Agreement;
Exhibit A — Seller's Quote, Scope of Services or Purchase Order;
Exhibit B — Cooperative Agency Contract, DIR-CPO-TMP-5056; and
Exhibit C — Conflict of Interest Questionnaire
Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this Agreement
for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the
terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto.
City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the
provisions of this Agreement. Total payment made under this Agreement for the first year by City shall not exceed
One -Hundred Thousand Dollars ($100,000.00). Vendor shall not provide any additional items or services or
bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing
the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified
by this Agreement unless City first approves such expenses in writing.
The term of this Agreement is effective beginning on the date signed by the Assistant City
Manager below ("Effective Date") and expires on December 20, 2023 in line with cooperative contract. Upon
the expiration of this Term, the Agreement shall renew automatically under the same terms and conditions for
up to four (4) one-year renewal periods (December 21, to December 20), unless City or Contractor provides the
other party with notice of non -renewal at least 60 days before the expiration of the Initial Term or renewal
period. However, if funds are not appropriated, the City may cancel the Agreement 30 calendar days after
providing written notification to the Contractor.
Vendor agrees that City shall, until the expiration of three (3) years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the
right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but
not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional
cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor
facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with
the provisions of this section. City shall give Vendor reasonable advance notice of intended audits.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have
been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2)
delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by
United States Mail, registered, return receipt requested, addressed as follows:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
DocuSign Envelope ID: A01DFB49-F2E2-48CE-9C8D-54DD2657F702
To CITY:
City of Fort Worth
Attn: Jo Ann Gunn, Chief Procurement Officer
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
/ M91619
Udemy, Inc.
Address:
600 Harrison St., 3rd Floor,
San Francisco, CA 94107
Facsimile: N/A
The undersigned represents and warrants that he or she has the power and authority to execute this Agreement
and bind the respective Vendor.
CITY OF FORT WORTH:
By: Jo Gun Ju11 ,202314:50 CDT)
Name: Jo Ann Gunn
Title: Chief Procurement Officer
Date: J u l 1812023
APPROVAL RECOMMENDED:
By: Jo Gun Jut 1 ,202314:05 CDT)
Name: Jo Ann Gunn
Title: Chief Procurement Officer
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By: v
Name: Jannette Goodall
Title: City Secretary
VENDOR:
Udemy, Inc.
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
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By: Christopher Ffa(Ju 112,202308:06 CDT)
Name: Christopher Ha
Title: Buyer I
APPROVED AS TO FORM AND LEGALITY:
W
By:
Name: Jessika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
D—Signed by:
CA � (As'' ,WS�Ci
By. E8DE83E19950dD9
Name: David Laszewski
Title:
senior vice President, Global sales
Date: 06/29/2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
FuSign Envelope ID: A01 DFB49-F2E2-48CE-9C8D-54DD2657F702
Exhibit A
udem
y
6/14/2
Organization: City of Fort Worth
To: Christopher Ha
From: Bryan Cady
E: brvan.cadv(@udemv.com
T: 602-818-7431
Valid through 6/30/23
DIR Contract Number: DIR-CPO-5056
Quote Number: Q-343954
https://business.udemy.com/udemy-msa-tx-dir/
https://dir.texas.izov/contracts/dir-cpo-5056
Udemv Business Enterarise license includes:
• Unlimited, on -demand learning on mobile or desktop, 8,500+ courses in Business, soft skills, and information
technology plus 10,700+ international courses taught by native speakers in 13 languages
• Regularly updated course content
• Actionable insights and analytics
• Quizzes, assignments, and practice tests
• Strategic Learning Paths
• Course recommendations
• Dedicated Customer Success Manager; Support to drive adoption and engagement, etc.
DocuSign Envelope ID: A01DFB49-F2E2-48CE-9C8D-54DD2657F702
Exhibit B
DIR Contract No. DIR-CPO-5056
STATE OF TEXAS
Udemy, Inc. - 271779864
DEPARTMENT OF INFORMATION RESOURCES
CONTRACT FOR PRODUCT, SERVICES, AND RELATED SERVICES
Udemy, Inc.
1 Introduction
1.1 Parties
This contract for Technology Based Training, Including Instructor -Led Training for Technology
(this "Contract") is entered into between the State of Texas, acting by and through the
Department of Information Resources (hereinafter "DIR") with its principal place of business at
300 West 15th Street, Suite 1300, Austin, Texas 78701, and Udemy, Inc., a Delaware
corporation, (hereinafter "Successful Respondent"), with its principal place of business at 600
Harrison St., 3rd Floor, San Francisco, CA, 94107.
1.2 Compliance with Procurement Laws
This Contract is the result of compliance with applicable procurement laws of the State of Texas.
DIR issued a solicitation on the Comptroller of Public Accounts' Electronic State Business
Daily, Request for Offer (RFO) DIR-CPO-TMP-560, on 7/22/2021, for Technology Based
Training, Including Instructor -Led Training for Technology (the "RFO"). Upon execution of all
Contracts, a notice of award for DIR-CPO-TMP-560 shall be posted by DIR on the Electronic
State Business Daily.
1.3 Order of Precedence
a) For transactions under this Contract, the order of precedence shall be as follows:
i. this Contract;
ii. Appendix A, Standard Terms and Conditions;
iii. Appendix B, Successful Respondent's Historically Underutilized Businesses
Subcontracting Plan;
iv. Appendix C, Pricing Index;
V. Exhibit 1, RFO DIR-CPO-TMP-560, including all Addenda; and
vi. Exhibit 2, Successful Respondent's Response to RFO DIR-CPO-TMP-560,
including all Addenda.
b) Each of the foregoing documents is hereby incorporated by reference and together
constitute the entire agreement between DIR and Successful Respondent governing
purchase transactions.
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DIR Contract No. DIR-CPO-5056
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1.4 Definitions
Capitalized terms used but not defined herein have the meanings given to them in Appendix A,
Standard Terms and Conditions.
2 Term of Contract
The initial term of this Contract shall be up to two (2) years commencing on the date of the last
signature hereto (the "Initial Term"), with three (3) optional one-year renewals (each, a
"Renewal Term"). Prior to expiration of the Initial Term and each Renewal Term, this Contract
will renew automatically under the same terms and conditions unless either party provides
written notice to the other parry at least sixty (60) days in advance of the renewal date stating that
the party wishes to discuss amendment or non -renewal.
3 Option to Extend
Successful Respondent agrees that DIR may require continued performance under this Contract
at the rates specified in this Contact following the expiration of the Initial Term or any Renewal
Term. This option may be exercised more than once, but the total extension of performance
hereunder shall not exceed ninety (90) calendar days. Such extension of services shall be subject
to the requirements of this Contract, with the sole and limited exception that the term shall be
extended pursuant to this provision. DIR may exercise this option upon thirty (30) calendar days
written notice to Successful Respondent.
4 Product and Service Offerings
Products and services available under this Contract are limited to the technology categories
defined in Request for Offer DIR-CPO-TMP-560 for Technology Based Training, Including
Instructor -Led Training for Technology. At DIR's sole discretion, Successful Respondent may
incorporate changes or make additions to its product and service offerings, provided that any
changes or additions must be within the scope of the RFO.
5 Pricing
5.1 Pricing Index
Pricing to Customers shall be as set forth in Appendix C, Pricing Index, and shall include the
DIR Administrative Fee (as defined below).
5.2 Customer Discount
a) The minimum Customer discount for all products and services will be the percentage off
List Price (as defined below) or MSRP (as defined below), as applicable, as specified in
Appendix C, Pricing Index. Successful Respondent shall not establish a List Price or
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DIR Contract No. DIR-CPO-5056
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MSRP for a particular solicitation. For purposes of this Section, "List Price" is the price
for a product or service published in Successful Respondent's price catalog (or similar
document) before any discounts or price allowances are applied. For purposes of this
Section, "MSRP," or manufacturer's suggested retail price, is the price list published by
the manufacturer or publisher of a product and available to and recognized by the trade.
b) Customers purchasing products or services under this Contract may negotiate additional
discounts with Successful Respondent. Successful Respondent and Customer shall
provide the details of such additional discounts to DIR upon request.
c) If products or services available under this Contract are provided at a lower price to: (i)
an eligible Customer who is not purchasing those products or services under this
Contract, or (ii) to any other customer under the same terms and conditions provided for
the State for the same products and services under this contract, then the price of such
products and services under this Contract shall be adjusted to that lower price. This
requirement applies to products or services quoted by Successful Respondent for a
quantity of one (1), but does not apply to volume or special pricing purchases. Successful
Respondent shall notify DIR within ten (10) days of providing a lower price as described
in this Section, and this Contract shall be amended within ten (10) days to reflect such
lower price.
5.3 Changes to Prices
a) Subject to the requirements of this section, Successful Respondent may change the price
of any product or service upon changes to the List Price or MSRP, as applicable.
Discount levels shall not be subject to such changes, and will remain consistent with the
discount levels specified in this Contract.
b) Successful Respondent may revise its pricing by publishing a revised pricing list, subject
to review and approval by DIR. If DIR, in its sole discretion, finds that the price of a
product or service has been increased unreasonably, DIR may request that Successful
Respondent reduce the pricing for the product or service to the level published before
such revision. Upon such request, Successful Respondent shall either reduce the pricing
as requested, or shall remove the product or service from the pricing list for this Contract.
Failure to do so will constitute an act of default by Successful Respondent.
5.4 Shipping and Handling
Prices to Customers shall include all shipping and handling fees. Shipments will be Free On
Board Customer's Destination. No additional fees may be charged to Customers for standard
shipping and handling. If a Customer requests expedited or special delivery, Customer will be
responsible for any additional charges for expedited or special delivery.
5.5 Travel Expenses
Pricing for services provided under this Contract are exclusive of any travel expenses that may
be incurred in the performance of such services. Travel expense reimbursement may include
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DIR Contract No. DIR-CPO-5056
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personal vehicle mileage or commercial coach transportation, hotel accommodations, parking
and meals; provided, however, the amount of reimbursement by Customers shall not exceed the
amounts authorized for state employees as adopted by each Customer; and provided, further, that
all reimbursement rates shall not exceed the maximum rates established for state employees
under the current State Travel Management Program. Travel time may not be included as part of
the amounts payable by Customer for any services provided under this Contract. The DIR
Administrative Fee is not applicable to travel expense reimbursement. Anticipated travel
expenses must be pre -approved in writing by Customer. Customer reserves the right not to pay
travel expenses which are not pre -approved in writing by the Customer.
6 DIR Administrative Fee
a) Successful Respondent shall pay an administrative fee to DIR based on the dollar value
of all sales to Customers pursuant to this Contract (the "DIR Administrative Fee"). The
amount of the DIR Administrative Fee shall be seventy-five hundredths of a percent
(0.75%) of all sales, net of returns and credits. For example, the administrative fee for
sales totaling $100,000 shall be $750.
b) All prices quoted to Customers shall include the DIR Administrative Fee. DIR reserves
the right to increase or decrease the DIR Administrative Fee during the term of this
Contract, upon written notice to Successful Respondent without amending this Contract.
Any increase or decrease in the DIR Administrative Fee shall be incorporated in the price
to Customers.
7 Internet Access to Contract and Pricing Information
In addition to the requirements listed in Appendix A, Section 7.2, Internet Access to Contract
and Pricing Information, Successful Respondent shall include the following with its webpage:
a) A current price list or mechanism to obtain specific contract pricing;
b) MSRP/list price or DIR Customer price; and
c) Discount percentage (%) off MSRP or List Price.
8 Use of Order Fulfillers
8.1 Authorization to Use Order Fulfillers
Subject to the conditions in this Section 8, DIR agrees to permit Successful Respondent to utilize
designated order fulfillers to provide products, services, and support resources to Customers
under this Contract ("Order Fulfillers").
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DIR Contract No. DIR-CPO-5056
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8.2 Designation of Order Fulfillers
a) Successful Respondent may designate Order Fulfillers to act as the distributors for
products and services available under this Contract. In designating Order Fulfillers,
Successful Respondent must be in compliance with the State's Policy on Utilization of
Historically Underutilized Businesses. DIR and Successful Respondent will agree on the
number of Order Fulfillers that are Historically Underutilized Businesses as defined by
the CPA.
b) In addition to the required Subcontracting Plan, Successful Respondent shall provide
DIR with the following Order Fulfiller information: Order Fulfiller name, Order Fulfiller
business address, Order Fulfiller CPA Identification Number, Order Fulfiller contact
person email address and phone number.
c) DIR reserves the right to require Successful Respondent to rescind any Order Fulfiller
participation or request that Successful Respondent name additional Order Fulfillers
should DIR determine it is in the best interest of the State.
d) Successful Respondent shall be fully liable for its Order Fulfillers' performance under
and compliance with the terms and conditions of this Contract. Successful Respondent
shall enter into contracts with Order Fulfillers and use terms and conditions that are
consistent with the terms and conditions of this Contract.
e) Successful Respondent may qualify Order Fulfillers and their participation under the
Contract provided that: i) any criteria is uniformly applied to all potential Order Fulfillers
based upon Successful Respondent's established, neutrally applied criteria, ii) the criteria
is not based on a particular procurement, and iii) all Customers are supported under the
criteria.
f) Successful Respondent shall not prohibit any Order Fulfiller from participating in other
procurement opportunities offered through DIR.
8.3 Changes in Order Fulfiller
Successful Respondent may add or remove Order Fulfillers throughout the term of this Contract
upon written authorization by DIR. Prior to adding or removing Order Fulfillers, Successful
Respondent must make a good faith effort to revise its Subcontracting Plan in accordance with
the State's Policy on Utilization of Historically Underutilized Businesses. Successful Respondent
shall provide DIR with its updated Subcontracting Plan and the Order Fulfillers information
listed above.
8.4 Order Fulfiller Pricing to Customer
Order Fulfiller pricing to the Customer shall be in accordance with Section 5.
9 Notification
All notices under this Contract shall be sent to a parry at the respective address indicated below.
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DIR Contract No. DIR-CPO-5056
Udemy, Inc. - 271779864
If sent to the State:
Hershel Becker or Successor in Office
Chief Procurement Officer
Department of Information Resources
300 W. 151h St., Suite 1300
Austin, Texas 78701
Phone: (512) 475-4700
Email: hershel.beckcr(a,dir.texas.aov
If sent to Successful Respondent:
Legal Department
Udemy, Inc.
600 Harrison St., 3rd Floor
San Francisco, CA 94107
Email: legal@udemy.com
10 Conflicting or Additional Terms
a) The terms and conditions of this Contract shall supersede any additional conflicting or
additional terms in any additional service agreements, statement of work, and any other
provisions, terms, conditions, and license agreements, including those which may be
affixed to or accompany software upon delivery (sometimes called shrink-wrap or click -
wrap agreements), and any linked or supplemental documents, which may be proposed,
issued, or accepted by Successful Respondent and Customer in addition to this Contract
(such additional agreements, "Additional Agreements"), regardless of when such
Additional Agreements are proposed, issued, or accepted by Customer. Notwithstanding
the foregoing, it is Customer's responsibility to review any Additional Agreements to
determine if Customer accepts such Additional Agreement. If Customer does not accept
such Additional Agreement, Customer shall be responsible for negotiating any changes
thereto.
b) Any update or amendment to an Additional Agreement shall only apply to Purchase
Orders for the associated product or service offering after the effective date of such
update or amendment; provided that, if Successful Respondent has responded to a
Customer's solicitation or request for pricing, any subsequent update or amendment to an
Additional Agreement may only apply to a resulting Purchase Order if Successful
Respondent directly informs such Customer of such update or amendment before the
Purchase Order is executed.
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DIR Contract No. DIR-CPO-5056
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c) Successful Respondent shall not require any Additional Agreement that: i) diminishes the
rights, benefits, or protections of Customer, or that alters the definitions, measurements,
or method for determining any authorized rights, benefits, or protections of Customer; or
ii) imposes additional costs, burdens, or obligations upon Customer, or that alters the
definitions, measurements, or method for determining any authorized costs, burdens, or
obligations upon Customer.
d) If Successful Respondent attempts to do any of the foregoing, the prohibited documents
will be void and inapplicable to this Contract or the Purchase Order between Successful
Respondent and Customer, and Successful Respondent will nonetheless be obligated to
perform such Purchase Order without regard to the prohibited documents, unless
Customer elects instead to terminate such Purchase Order, which in such case may be
identified as a termination for cause against Successful Respondent.
11 Authorized Exceptions to Appendix A, Standard Terms and Conditions
No exceptions have been agreed to by DIR and Successful Respondent.
(Remainder of this page intentionally left blank.)
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DIR Contract No. DIR-CPO-5056
Udemy, Inc. - 271779864
This Contract is executed to be effective as of the date of last signature.
Udemy, Inc.
Authorized By: Signature on file
Name: Sean Masterman
Title: Vice President Enterprise North America
Date: 12/14/2022 19:04 AM PST
The State of Texas, acting by and through the Department of Information Resources
Authorized By: Signature on file
Name: Hershel Becker
Title: Chief Procurement Officer
Date: 12/21/2022 1 8:20 AM CST
Office of General Counsel: Initial on File
Date: 12/20/2022 1 11:10 AM CST
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CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
FORM CIQ
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
jJ Name of vendor who has a business relationship with local governmental entity.
Udemy, Inc.
J
❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
J Name of local government officer about whom the information is being disclosed.
Name of Officer
J Describe each employment or other business relationship with the local government officer, or a family member of the
officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes FT-1 No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
71 Yes FX I No
J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
J
ElCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
J DocuSigned by:
1—VAWJ o�S�t WS�I 06/27/2023
Sic�uai�krBD@tjte@AouLdoing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021
DocuSign Envelope ID: A01 DFB49-F2E2-48CE-9C8D-54DD2657F702
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code § 176.0010-a): "Business relationship" means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Government Code § 176.003(a)(2)(A) and (B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than $100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code 4 176.006(a) and (a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any
gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application, response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer, described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021